Monday, August 22, 2005

Prof. Heinzerling's Doubts About Daubert

A forthcoming article on Daubert in the Brooklyn Journal of Law and Policy, authored by Georgetown University law professor Lisa Heinzerling, is now available for download at SSRN. The title, "Doubting Daubert," provides a fair indication of the article's stance. In just a few brisk pages, Prof. Heinzerling manages to state a strong critique. Thanks to RegWatch for the pointer.

posted by pn at 12:08 AM  

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Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.